2nd Circ. Revives Fired Worker's Retaliation Claims

By David McAfee (December 16, 2013, 5:32 PM EST) -- The Second Circuit on Monday revived retaliation claims in a lawsuit brought by a former employee against real estate management firm The Andalex Group LLC, holding that there are genuine disputes as to material facts that preclude summary judgment.

In a split opinion, the three-judge appellate panel on Monday affirmed U.S. District Judge Katherine B. Forrest's summary judgment dismissing Zann Kwan's 2010 complaint alleging employment discrimination based on national origin and gender and creating a hostile work environment, but restored Kwan's retaliation claims.

"Viewing the evidence in the light most favorable to the plaintiff, as required on a motion for summary...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!